§ 1101. Obligation of State to defend employees; definition

(a) In any civil action against a State employee for alleged damage, injury, loss, or deprivation of rights arising from an act or omission to act in the performance of the employee’s official duties, it shall be the obligation of the State to defend the action on behalf of the employee and to provide legal representation for that purpose at State expense, except to the extent that such representation is provided by an insurance carrier, or except in an action resulting from the service of civil process.

(b) As used in this chapter, “State employee” includes any elective or appointive officer or employee within the Legislative, Executive, or Judicial Branch of State Government or any former such employee or officer. The term includes:

(1) sheriffs and State’s Attorneys and their deputies and former sheriffs and State’s Attorneys and their deputies;

(2) guardians ad litem;

(3) any member of the National Guard ordered into State service pursuant to 20 V.S.A. §§ 366, 601, and 602 or section 163 or 164 of this title;

(4) any person who volunteers for a State agency by providing services at the request of that agency and under the direction and control of that agency, but who does not receive hourly or salary compensation;

(5) any person performing juvenile or adult diversion services under section 163 or 164 of this title;

(6) persons appointed to or employed by the Council of Regional Commissions;

(7) any person who volunteers for a State court by providing services at the request of that court and under the direction of that court, but who does not receive hourly or salary compensation;

(8) any representative or paid employee of the Vermont Higher Education Council while acting as the Vermont State postsecondary review entity in fulfillment of the requirements of the federal Reauthorization of Higher Education Act (P.L. 102-235 as amended);

(9) staff employed by the Center for Crime Victim Services and victim advocates;

(10) administrative reviewers whose services are contracted by the State pursuant to 33 V.S.A. § 4916a(f). (Added 1971, No. 190 (Adj. Sess.), § 1, eff. March 30, 1972; amended 1973, No. 223 (Adj. Sess.), § 15, eff. April 4, 1974; 1977, No. 233 (Adj. Sess.), § 1, eff. April 17, 1978; 1987, No. 222 (Adj. Sess.), § 4; 1989, No. 101, § 1; 1989, No. 114, § 6, eff. June 20, 1989; 1993, No. 5, § 1; 1993, No. 144 (Adj. Sess.), § 2; 1999, No. 62, § 272d; 1999, No. 138 (Adj. Sess.), § 4; 2015, No. 97 (Adj. Sess.), § 73; 2018, No. 11 (Sp. Sess.), § E.316.1.)